Landlord Demands To See My Marijuana Card

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CalProp215

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I am a marijuana patient in the state of California with a valid card.
I live in a trailer park in my RV.
Today my landlord demanded that I show her immediately my marijuana card.
I am not cultivating, I only smoke in my private home.
She was acting on a complaint that a neighbor had smelled smoke a few days earlier, all hearsay, nobody ever saw me smoke marijuana in public.
I told her poliitely, maam, this is a legal issue , you need to speak to my attorney on this matter.
I refused to show her my valid marijuana card, was I within my rights to refuse my landlord access to what I consider my private medical records?
Can i get my attorney to provide an affidavit stating that he has personally inspected my card and found it to be valid, in lieu of showing the landlord the card? is mere suspicion of illegal activity without proof legal grounds for eviction? Should i have just knuckled under and showed her my card? I just felt like I had the right to refuse.:confused:
 
You aren't required to show your landlord the card, but doing so might not be a bad idea. If neighbors are complaining (they don't need to see it if they can smell it) then your landlord can handle the problem better knowing that you are doing so legally... otherwise you might start having police show up.
It isn't as if you are handing over your entire medical history- it's just a card.

Depending on the language of your lease, your landlord might even have grounds to evict if illegal drug use is suspected.

If I were your landlord and you refused to show me the card I would naturally conclude that you do not have one.... but yes, you have the right to refuse.
 
Certainly that would have been easy, all I would have to do is reach into my pocket, but this is a matter of principle.

If a law enforcement officer asks me for my card, I would be happy to show it to him or her.

I know my rights. Some people would rather waive theirs, I guess thats what I am getting here. I am not that kind of person.
 
I do hope that you have alternative living arrangements prepared in the event that you are served with notice. Depending upon the rules you agreed to when you moved in, and the terms of your lease, you may find yourself out of a home in 30-90 days.

Principals are a great thing, but you also have to be willing to pay the price to stand on them. Standing on principles does NOT mean that the law will be on your side or that such a stance will be painless. So, be prepared.

Oh, and having a recommendation is not the same as having the DHS card ... which do you have? The state issued card? Or a doctor's recommendation? That might make a difference. It might also make the difference between the police getting involved or not if a neighbor should call them.
 
Remember, key point here, RV, as in highly mobile.
Suppose I get an eviction notice, well, okay, fine,theres six months free rent while my lawyer handles it.
After November , its all a moot point because cannabis will be legalized.
My guess is she won't call my bluff..
 
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For heavens sake, how can some people be so incredibly dumb!

You'll pay an attorney to fight this eviction but you won't simply show your landlord your card?

California!

Gail
 
Cost of six Months rent: $2400.00
Cost of lawyer: $400.00
Keeping your dignity (and two thousand bucks): Priceless
 
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CalProp215 said:
Cost of six Months rent: $2400.00
Cost of lawyer: $400.00
Keeping your dignity (and two thousand bucks): Priceless
Click to expand...





Good luck! :nuts :eek: :beer:
 
CalProp215 said:
I am a marijuana patient in the state of California with a valid card.
I live in a trailer park in my RV.
Today my landlord demanded that I show her immediately my marijuana card.
I am not cultivating, I only smoke in my private home.
She was acting on a complaint that a neighbor had smelled smoke a few days earlier, all hearsay, nobody ever saw me smoke marijuana in public.
I told her poliitely, maam, this is a legal issue , you need to speak to my attorney on this matter.
I refused to show her my valid marijuana card, was I within my rights to refuse my landlord access to what I consider my private medical records?
Can i get my attorney to provide an affidavit stating that he has personally inspected my card and found it to be valid, in lieu of showing the landlord the card? is mere suspicion of illegal activity without proof legal grounds for eviction? Should i have just knuckled under and showed her my card? I just felt like I had the right to refuse.:confused:
Click to expand...

You have to look at if from the LL side. If the police suspects drugs in a place, they CAN sieze the house and if the LL knows about it, hence, neighbors indicating they smell it, than the police can assume that the LL knew it and he can be arrested also. If your were the LL and knew you could lose your house and be arrested because a tenant was smoking, would you gamble it? Or would you get rid of them especially if they refuse to show you a simple card?
You are making yourself feel better by saying, " what I consider my private medical records?" Because you knew you were wrong.
Knuckling under, has nothing to do with it...doing the right thing for both parties would have been.
 
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RV ... as in paying month to month? Or lease? If month to month, guess what? You're gone next month! And what makes you think the process would take 6 months and would cost you only $400 for an attorney?

Unbelievable!

And even after November, if marijuana is effectively legalized, that does not mean that the management has to permit it ... they can do what a lot of places are doing now - tenants are being told they must conform with state AND FEDERAL law.

Anyway, it's your call. Have fun.
 
Drugs?
This is not a drug case, and nobody's assets are going to be seized.
I am protected from prosecution under the law.
This is a simple case of harrassment and intimidation.
 
CalProp215 said:
Drugs?
This is not a drug case, and nobody's assets are going to be seized.
I am protected from prosecution under the law.
This is a simple case of harrassment and intimidation.
Click to expand...

It could also be harassment and intimidation on your part also. LL could turn the tables on you just as well...

1) You did not provide the card, so LL calls the police. LL had to go through all this just because you have to prove a point. (harassment)
2) You was daring him to do this, just to prove your point. (Intimidation)
3) You caused the LL to have a heart attack by putting him through all that stress of the place having drugs, or making drugs or selling drugs, because you wanted to prove your point. He thought his house might get seized and he be convicted of drugs
4) He dies due to the stress of all the harassment your caused, simply by not showing him your card. CHING CHING CHING to his widow
 
I have to admit thats a pretty good argument. But this case is not quite like that.
I was accused of something, based on pure hearsay,so I was on the defensive, hopefully this has all blown over by now...just want to pay my rent and not be hassled.

Its a trailer park with folks guilty of real crimes right here in the middle,my latest theory is that I am just a victim of jealous busybodies trying to get me in trouble with the manager

I welcome any visit from the gendarmes, got all my paperwork..
 
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CalProp215 said:
I have to admit thats a pretty good argument. But this case is not quite like that.
I was accused of something, based on pure hearsay,so I was on the defensive, hopefully this has all blown over by now...just want to pay my rent and not be hassled.

Its a trailer park with folks guilty of real crimes right here in the middle,my latest theory is that I am just a victim of jealous busybodies trying to get me in trouble with the manager

I welcome any visit from the gendarmes, got all my paperwork..
Click to expand...


From what I've read nobody accused you of anything your landlord approached you with a concern and you blew it all out of proportion, when you apply for a rental don't you submit yourself to a credit check and income verification, or do you not consider that giving up your rights?
 
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